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RAZZ v. STATE (2019)

District Court of Appeal of Florida, Fourth District.

Alfonso RAZZ, Appellant, v. STATE of Florida, Appellee.

No. 4D16-2400

Decided: April 17, 2019

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Ashley B. Moody, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Senior Assistant Attorney General, West Palm Beach, for appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

This case is before us on remand from the Florida Supreme Court of Florida for reconsideration following its decision in State v. Lewars, 259 So.3d 793 (Fla. 2018). In Lewars, the supreme court disapproved of our decision in Taylor v. State, 114 So.3d 355 (Fla. 4th DCA 2013), which we relied on in our prior opinion in this case. Because appellant was released from county jail in the three-year period preceding the qualifying offenses, he was not a prison releasee reoffender and resentencing is required pursuant to Lewars. See 259 So.3d at 802.

Reversed and remanded.

Per Curiam.

Gerber, C.J., May and Levine, JJ., concur.

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RAZZ v. STATE (2019)

Docket No: No. 4D16-2400

Decided: April 17, 2019

Court: District Court of Appeal of Florida, Fourth District.

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